20131308 Ver 1_Public Notice_20140305

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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
[ssue Date: March 5, 2014
Comment Deadline: March 20, 2014
Corps Action ID Number: SAW-2006-40559
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation seeking Department of the Army
authorization to permanently impact 9.13 acres of jurisdictional wetlands and 82 linear
feet of jurisdictional waters, associated with construction of a 3.33 mile long two lane
connector from US 64 to the intersection ofNC 32 and NC 94 in Washington County,
North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
http://www.saw.usace.armv.miVMissions/Re u� IatoryPermitPro ram.aspx
Applicant:
Authority
North Carolina Department of Transportation
Mr. Richard W. Hancock
1598 Mail Service Center
Raleigh, North Carolina 27699
The Corps evaluates this application and decides whether to issue, conditionally issue,.or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
� Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section ] 03 of the Marine Protection, Research and Sanctuaries Act of 19Z2
y
(33 U.S.C.1413)
Location
The proposed TIP project R-3620 involves construction of a connector road from U.S.
Highway 64 and N.C. Highway 32 and 94 in Washington County, North Carolina. The
project is located within a 14.33 acre study corridor between the interchange of US
Highway 64 and NCSR 1139 (Beasley Road) and the intersection of NC Highway 32 and
NC Highway 94 near Roper.
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Project Area (acres): 14.33 acres Nearest Town: Roper
Nearest Waterway: Chapel Swamp River Basin: Pasquotank
Latitude and Longitude: 35.9196 N, -76.5211 W
Existing Site Conditions
There is currently no direct connection for traffic travelling between U.S. Highway 64
and N.C. Highway 32 in Washington County. Under TIP Project R-2548, US 64 was
shifted south of its existing alignment and severed the existing connection between US 64
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and NC 32. The new US 64 provides a high-speed corridor serving Washington County
and other areas of northeastern North Carolina. NC 32 currently provides a means of
north-south movement throughout the county. However, there is no direct connection
between the new US 64 and NC 32, leading to increased travel times via local roads for
travelers wishing to travel from US 64 to the Albemarle Sound and Edenton. The
location of the new US 64 creates the need for new and improved connections with the
existing roadway system.The proposed NC 32 connector will provide a more efficient
connection between US 64 and NC 32 than currently exists.
The project study corridor is located in the Chesapeake-Pamlico Lowlands and Tidal
Marshes ecoregion of the Coastal Plain physiographic province of North Carolina.
Topography in the project study area is generally characterized as nearly level to flat.
Elevations within the project study area range from a topographic low of 0 ft above mean
sea level (MSL) to a topographic high of approximately 15 ft above MSL.
The project study corridor is dominated by forested and agriculture lands with scattered
residential land uses. The majority of the project study region is rural; however, much of
the landscape has been altered or disturbed through fire suppression, conversion to pine
plantations, agriculture, and limited residential development. Seven terrestrial
communities were identified within the project study area: Pine Woodland, Mesic
Mixed Hardwood Forest, Pine/Mixed Hardwood Forest, Cypress-Gum Swamp,
Successional Land, Maintained/Disturbed Land, and Agricultural Land. Stands of
loblolly pine (Pinus taeda) are prevalent in interstream areas. Many pine stands are
silvicultural plantings managed for timber or pulpwood production while others represent
natural pine woodland communities or represent seral stages resulting from old=field
succession or from timber management. Mesic mixed hardwood forest is found within
the project study corridor along stream channels and slopes bordering intermittent
tributaries. Cypress-Gum Swamp is found within the floodplains of the larger creeks.
Cypress-gum communities generally experience more prolonged flooding than
bottomland hardwood communities. Successional areas within this community
designation include fallow fields and cut-over forest land that have one to ten year-old
natural and planted vegetation. This community type is differentiated from other forest
communities by the dominance of herbaceous or shrub strata rather than tree stratum.
All wetlands within the boundaries of this project have been disturbed and altered to
some extent. Four wetland types were identified: palustrine forested, palustrine scrub-
shrub, palustrine emergent, and palustrine unconsolidated bottom. All areas within the
project study drain towards Deep Creek or to unnamed tributaries to Chapel Swamp and
the Albemarle Sound. All these tributaries end up draining into the Albemarle Sound.
The general soils associations within the project study area include the Augusta-
Altavista- Wahee and Cape Fear-Portsmouth-Roanoke associations. There are no
designated Anadromous Fish Spawning Areas within the project study area.
Applicant's Stated Purpose
The purpose of the proposed project is to improve connectivity in the study area. The
location of the new US 64 created the need for improved connectivity within the study
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area to include connectivity between NC 32 and the new US 64 bypass. The purpose and
need for this project was agreed upon by federal, state, and local representatives in July
2003.
Project Description
NCDOT proposes to construct a 3.33 mile long two lane connector from US 64 to the
intersection ofNC 32 and NC 94 in Washington County, North Carolina. The project
would result in permanent impacts to 9.13 acres of jurisdictional wetlands and 82 linear
feet of jurisdictioanl waters. See attached project plans.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: NCDOT employs many strategies to avoid
and minimize impacts to jurisdictional areas in all of its designs. Many of these strategies
have been incorporated into BMP documents that have been reviewed and approved by
the resource agencies and which will be followed throughout construction. All wetland
areas not affected by the project will be protected from unnecessary encroachment.
Individual avoidance and minimization items are as follows:
• No staging of construction equipment or storage of construction supplies will be
allowed in wetlands or near surface waters.
• The project was designed to avoid or minimize disturbance to aquatic life movements.
• NCDOT and its contractors will not excavate, fill, or perform land clearing
activities within Waters of the U.S. or any areas under the jurisdiction of the USACE,
except as authorized by the USACE. To
ensure that all borrow and waste activities occur on high ground, except as authorized by
permit, the
NCDOT shall require its contractors to identify all areas to be used to borrow material, or
to dispose of dredged, fill or waste material. Documentation of the location and
characteristics of all borrow and disposal sites associated with the project will be
available to the USACE on request.
• Grass Swale treatments have been incorporated in areas where flat slopes can be
maintained.
• Proposed culverts will be buried 1 ft. to provide for fish passage.
• Cross pipes in jurisdictional streams will be buried lft. for all pipes.
• All wetlands will receive diffused flow.
• Special Sediment Control Fence will be used were applicable.
• The use of hand� clearing rather than mechanized clearing where possible.
• Bank stabilization at outlets of culverts will not impact the stream bed..
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset una�oidable
functional loss to the aquatic environment: The proposed construction of R-3620 will
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impact 1.81 acres of riparian wetlands and 7.32 acres of non-riparian wetlands that will
require mitigation. In addition, the unavoidable impacts to 82 linear feet of jurisdictional
stream will also require mitigation. The applicant will obtain credits from the Ecosystem
Enhancement Program to compensate for these losses.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFI-I) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or T�IPO).
� Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking ma,y have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
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been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
� The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat. In their February 25, 2010
letter to NCDOT, the U.S. Fish and Wildlife Service agreed that the proposed
project may affect , but is not likely to adversely affect the� red wolf (Canus
rufus). Additionally, they stated that the requirements of Section 7(a)(2) of the
ESA have been satisfied.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state .
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
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the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a.
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days. of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office; 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by March 18, 2014 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1650 Mail Seryice Center,. Raleigh, NC 27699-1650
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
� The application did not include a certification that the proposed work complies
with .and would be conducted in a manner that �is consistent with the approved
North Carolina.Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt„ concurrence or
objection from the NCDCM. �
❑� Based upon all available information, the-Corps determines that this application
for a Department of Army (DA) perinit does not involve an activity which�would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All faetors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
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needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines. �
Commenting Information _
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties 'in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps ofEngineers, Wilmington District will receive written comments pertinent to
the proposed wark, as outlined above, until Spm, March 20, 2014. Comments should be
submitted to Tracey L. Wheeler, Washington Regulatory Field Office,
2407 West Fifth Street , Washington, North Carolina 27889, at [phone].
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